Hogan Lovells

Firm overview:

The trade secrets practice at US-UK international firm Hogan Lovells is a truly global, multidisciplinary offering with the capability of handling global/cross-border trade secrets disputes. A large client praises the firm for “providing solid advice at a good price”.

Hogan Lovells won some of the first court decisions for its clients on the new trade secrets law in the European Union following the implementation of the EU Trade Secrets Directive, and has since played a significant role in shaping case law.

The firm has handled some of the most important trade secret disputes, including representing LG Energy Solution through a multi-year trade secrets dispute over electric vehicle batteries with SK Innovation (SKI), which has resulted in a $1.8 billion settlement between the two companies following intervention from the White House.

The firm, with its closely networked global team of experienced lawyers, is well positioned to  provide the fast-paced international collaboration needed on cases where stolen trade secrets are taken abroad to be exploited.

Hogan Lovells has lawyers practising across the component disciplines of intellectual property, data, employment, and commercial litigation. As an example, the trade secrets team works closely with the employment team on drafting works council agreements, contractual clauses and standard operating procedures on trade secret protection.

The firm’s guide to trade secrets legislation and legal developments around the world is updated regularly. The latest edition contains new chapters examining Japan and Mexico, and the latest developments across China, France, Germany, Italy, the Netherlands, Russia, Spain, the UK, and the US.

Team overview:

Hogan Lovells has 29 partners and 18 other lawyers with significant activity in trade secrets across 15 offices in nine countries within North America, Europe and Asia. Perhaps surprisingly, Amsterdam with five, and Houston and Düsseldorf each with three, have the largest collections of trade secrets partners underlining the spread of the firm’s practice.

In Germany, Dr Erhard Keller has written a leading commentary on trade secrets law (Geschäftsgeheimnisschutzgesetz: GeschGehG). Dr Marcus Schönknecht won some of the first court decisions on behalf of his clients on the new German Trade Secrets Act, playing a significant role in shaping the case law. He is author of an acclaimed commentary on the Trade Secrets Act, published by CH Beck.

Also in Germany, Anna Glinke advises her clients in setting up robust structures for the protection of their trade secrets and represents them in court proceedings. She is co-author of a leading commentary on the German Trade Secrets Act and is recognised for her experience in trade secrets law.

In the US, Joseph Raffetto has advised clients across Asia, Europe, and the US on high-stakes trade secrets and other IP matters. Raffetto has defended clients in every major forum in the US, including the International Trade Commission and the US Patent Trial and Appeal Board.

Tej Singh represents clients before federal district courts, the US International Trade Commission, and the US Patent and Trademark Office Office on matters involving patent, trade secrets, and other IP issues. He has extensive IP litigation experience involving a wide range of technologies, including software, telecommunications, and medical devices.

In the UK, Alastair Shaw has more than 25 years' experience litigating trademark, trade secrets, copyright and design cases. Shaw’s caseload usually has an international element, acting for major multinational clients, dealing with cross-border jurisdictional challenges or coordinating parallel proceedings in multiple jurisdictions. He is a solicitor-advocate with rights of audience, and has managed cases in the High Court, Court of Appeal and Supreme Court.

In Italy, Francesco Banterle has extensive experience in patent, trade secrets, and copyright disputes dealing with cross-border jurisdictional challenges. He has on-the-ground experience in executing search orders in trade secrets, patent, and software cases.

In the Netherlands, Ruud van der Velden has been involved in some of the most prominent trade secret cases in the country, including the Supreme Court case between Dow Chemical and Organik Kimya of September 2018.

Key matters:

• OLG Hamm WRP 2021, 223 – Stopfaggregate; BGH GRUR-RS 2022, 13544 – Stopfaggregat

Hogan Lovells defended System 7 Rail Holding, an Austrian manufacturer of track-laying machines, against allegations of trade secrets infringement and unfair product imitation by the previous market leader. The other party's action was unsuccessful in all three instances.

In Düsseldorf, Dr Erhard Keller, partner, IPMT, led the Hogan Lovells team of Dr Marcus Schönknecht, counsel, IPMT.

Freshfields’ Dr Andrea Lensing-Kramer, Dr Tobias Timmann, and Dr Oliver Talhoff in Düsseldorf acted on the other side.

• Plusgrade v Endava et al, no. 1:2021cv01530 – Document 118 (Southern District of New York, 2023)

Hogan Lovells is advising Canadian travel-tech giant, Plusgrade, on protecting its market-leading flight seat upgrade booking software which it provides to the world’s major airlines. A competing product has been developed by a UK-based tech provider, which is alleged to have misused Plusgrade’s trade secrets and infringed copyright in the code. 

Plusgrade has already litigated in the US courts, with litigation in the UK courts pending. The Hogan Lovells team is Joel Smith (partner, IPMT, London), and Andrea Constantine (associate, IPMT, London).

Akin Gump Strauss Hauer & Feld is acting for the other side.

• Hogan Lovells represented a Munich-based biopharmaceutical company in a bet-the-company international arbitration. The case involved claims of trade secrets misappropriation in a complex life sciences patent and licensing dispute related to phage display technology under California law and US patent law.

The competitor, a California-based cross-licensing partner of the firm’s client, alleged claims for breach of patent licence and misappropriation of trade secrets, among several other causes of action.

A three-person arbitration panel issued a unanimous final award denying all of the competitor's numerous claims and granting Hogan Lovells’ client’s counterclaim for declaratory relief, and award of costs.

Clients:

System 7, Plusgrade, Organik Kimya, Suspension Research Innovation.